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Vikas Arora And Ors vs State Of U.P. And Ors on 6 November, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 72

Case :- APPLICATION U/S 482 No. – 34717 of 2018

Applicant :- Vikas Arora And Ors

Opposite Party :- State Of U.P. And Ors

Counsel for Applicant :- Syed Ali Imam

Counsel for Opposite Party :- G.A.

Hon’ble Rajiv Gupta,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by the applicants for quashing of the summoning order dated 12.03.2018 as well as the entire proceedings of Complaint Case No.2542 of 2017, under Section 406 I.P.C., P.S. Kotwali, District Ghaziabad, pending before the Additional Chief Judicial Magistrate, Court No.7, Ghaziabad.

As per the allegations made in the complaint, it is alleged that Opposite Party No.2 was married to applicant on 26.07.2015, however, after the said marriage, the applicants had illegally retained the stree-dhan belonging to the opposite party no. 2 and has turned her out of her matrimonial house and on 29.8.2017, the opposite party No. 2 asked the applicants to return back her stree-dhan, however they refused to return back her stree-dhan. Consequently, on 8.9.2017, a notice was also sent to the applicants to return back her stree-dhan, however they did not return back her stree-dhan.

Learned counsel for the applicants has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of inquiry, no offence is disclosed against the applicants and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.

Per contra, learned AGA has submitted that from the perusal of the allegations made in the complaint and the material collected during the course of inquiry, prima facie offence is clearly made out against the applicants and as such, entire proceedings cannot be quashed.

At this stage only prima facie case is to be seen in the light of the law laid down by the Supreme Court in the cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cr.) 283.

The prayer for quashing the summoning order as well as proceedings of the aforementioned case is refused.

However, it is directed that if the applicants appear and surrender before the court below within 30 days from today and apply for bail, their prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon’ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).

For a period of 30 days from today or till the applicants surrender and apply for bail, whichever is earlier, no coercive action shall be taken against them. However, in case, the applicants do not appear before the Court below within the aforesaid period, coercive action shall be taken against them.

With the aforesaid directions, this application is finally disposed of.

Order Date :- 6.11.2019

KU

 

 

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